Liability of Corporations for Manslaughter

Vol-4 | Issue-02 | February 2019 | Published Online: 20 February 2019    PDF ( 229 KB )
DOI: https://doi.org/10.5281/zenodo.2586803
Author(s)
Dr. Sonika Bhardwaj 1; Mr. Ronak V. Chhabria 2

1Assistant Professor, School of Law, Christ Deemed to be University, Banglore (India)

2Fourth Year Law Student, School of Law, Christ Deemed to be University, Banglore (India)

Abstract

Corporations hide behind the veil of incorporation and using this rhetoric to evade liability for manslaughter or homicide caused by the company, leaving no one liable and the victim without a remedy. In India, despite the Courts recognizing the capacity of companies to have mesrea, and events like the Bhopal gas leak tragedy, there exists no legislative framework to address the issue of Corporate Manslaughter, unlike the Corporate Manslaughter and Homicide Act of the United Kingdom. This paper highlights the importance of imposing liability for corporate manslaughter and suggestions for the nature of liability; which should be calculated by the multiplier method as explained in M.C.D. v. Shubhangwati, and should be recurring in nature, not just a one-time lump sum settlement.

Keywords
Corporate , Manslaughter, liability, homicide, legislative
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